Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
The Appellate Tribunal upheld rejection of the operational creditor's IBC s.9 application and dismissed the appeal, holding that a "pre-existing dispute" barred initiation of CIRP. It found that the information utility record (NeSL) reflected the corporate debtor's authenticated dispute denying the debt, satisfying s.9(5)(ii)(d). Relying on SC precedent in Mobilox, it held that where notice of dispute is received or there is a record of dispute in an information utility, the Adjudicating Authority must reject the s.9 application. The pendency of proceedings under NI Act s.138 did not negate the existence of the recorded dispute.
The Appellate Tribunal upheld rejection of the operational creditor's IBC s.9 application and dismissed the appeal, holding that a "pre-existing dispute" barred initiation of CIRP. It found that the information utility record (NeSL) reflected the corporate debtor's authenticated dispute denying the debt, satisfying s.9(5)(ii)(d). Relying on SC precedent in Mobilox, it held that where notice of dispute is received or there is a record of dispute in an information utility, the Adjudicating Authority must reject the s.9 application. The pendency of proceedings under NI Act s.138 did not negate the existence of the recorded dispute.
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